Does the president have absolute immunity? Trump has kept the Supreme Court busy, he believes in delays

The Supreme Court is dealing with the theory of absolute presidential immunity for the first time after Trump came up with the argument in an attempt to sweep off the table the impeachment of illegal interference in the last presidential election. The lower courts rejected his opinion, but the criminal proceedings in question have been stopped due to the consideration of his objection, and it is not clear when it will reach the main trial.

Trump’s lawyer John Sauer, similarly to the appeals court, faced questions from judges on Thursday about hypothetical scenarios in which the head of state accepts a bribe, sells state secrets or orders a coup or assassination, Reuters wrote. “Someone will say, ‘I’ll give you a million dollars if I become ambassador to any country,'” said Chief Justice John Roberts as one example.

Sauer responded by saying that accepting a bribe was not part of the exercise of the presidency and therefore would not be covered by his interpretation of immunity. “Accepting a bribe is not an official act, but appointing an ambassador is certainly within the official duties of the president,” Roberts replied.

The line between the official and private actions of the president was one of the central motifs of the argument. In their questions, the judges also speculated about the possible consequences of the case and talked about a future in which ex-presidents are constantly questioned for their decisions or otherwise routinely break the law knowing that they face no punishment.

Roberts, three liberal justices and a member of the conservative wing, Amy Coney Barrett, made up the majority, according to media reports, which expressed reservations about the idea that the former head of state could not be prosecuted. But the justices’ questions left “a strong impression that the court is not moving toward a quick, unanimous decision” that would allow Trump’s trial to begin soon, according to the AP.

According to the media, most experts do not expect the Supreme Court to agree with Trump’s interpretation of presidential immunity. But it will also be important how quickly the judges decide and whether, for example, they return the matter to lower courts for further consideration.

It was already a success for Trump that the Supreme Court decided to take up the issue in February. The move greatly reduced the likelihood that the federal election prosecution would reach a verdict before the November election, in which Trump wants to seek re-election as the Republican Party nominee. If the court does not rule against the former head of state in the coming weeks, it will be practically impossible to complete the process before the elections.

Until last year, no ex-president had ever faced criminal charges, so the Supreme Court did not have to deal with the scope of possible immunity. Trump and his team present the theory that a former president cannot be prosecuted for acts falling within the exercise of office, unless he has previously been removed from office for the same acts on the basis of a constitutional lawsuit.

At the same time, their official actions include an attempt to block the approval of the results of the 2020 presidential election, after which Trump refused to admit defeat. Because of those efforts, Trump was indicted by a grand jury last year at the suggestion of special counsel Jack Smith.

Smith’s impeachment brought in Washington is being described as the most important of the four sets of charges Trump faces. The former president is charged with four felonies, including conspiracy to deny Americans the right to vote and attempting to disrupt Congress. The accusations stem from Trump’s pressure on the actors of the January 6, 2021 congressional caucus, or a plan to present lawmakers with false voter lists that credited him with victories in states he lost.

Trump calls all accusations against him a conspiracy to disrupt his election campaign. He has already secured victory in the Republican primaries in that one, and it is almost certain that he will again face Democrat Joe Biden, i.e. the current president, in the race for the White House.